Murali, v. The Sub Collector Cum

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 14.11.2018

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22723 of 2018 Murali ..Petitioner Vs.

1.The Sub Collector cum Revenue Divisional Officer, Ramnagar, Devakottai Divisional Office, Sivagangai District.

2.The Inspector of Police, Chettinau Police Station, Karaikudi, Sivagangai District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents herein to release petitioner's Multi Axle Tipper Lorry bearing Registration No.TN-11-Q-0997 within the time stipulated by this Court .

For Petitioner : Mr.A.Shajahan For Respondents : Mr.P.Kannidevan Additional Government Pleader

ORDER

This writ petition has been filed seeking a Writ of Mandamus directing the respondents herein to release petitioner's Multi Axle Tipper Lorry bearing Registration No.TN-11-Q-0997 within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. According to the petitioner, the official respondent has seized the vehicle in question on the ground that it was involved in transportation of illegal sand without any valid permit and the vehicle is still under the police custody. Hence, this Writ Petition is filed.

4. On the other hand, it is submitted by the learned Additional Government Pleader appearing for the respondents that the vehicle in question was used for illegal transportation of sand without any valid permit and hence, it was seized.

5. In any event, as the vehicle is under the custody of the official respondents from the date of seizing and considering the fact that if the same is allowed to be kept idle by exposing the same to sun and rain, it would certainly diminish its value. Therefore, this Court is of the view that the vehicle may be released by imposing conditions on the petitioner for release of the same.

6. Accordingly, the concerned respondent is directed to release the vehicle in question to the petitioner within a period of 7 days from the date of receipt of a copy of this order subject to the following conditions:

"(i) The petitioner shall produce necessary documents before the concerned respondent to establish the ownership of the vehicle in question;

(ii) The petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only), before the respondents as non refundable deposit;

(iii) The petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and shall produce the same as and when required by the respondents;

(iv) On doing so, the vehicle in question shall be returned to the petitioner;

(v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned; and (vi) The petitioner is also directed to participate in the enquiry to be conducted by the respondent."

7. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-IV) To, 1.The Sub Collector cum Revenue Divisional Officer, Ramnagar,Devakottai Divisional Office, Sivagangai District.

2.The Inspector of Police, Chettinau Police Station, Karaikudi, Sivagangai District.

+1cc to Mr.A.Shajahan, Advocate Sr.No.95141 +1cc to Spl.Government Pleader Sr.No.95597 CM VB/SV/SAR4/20.11.2018/3P/5C W.P(MD)No.22723 of 2018 14.11.2018